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| 1 | AN ACT concerning criminal law.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Criminal Code of 1961 is amended by changing | ||||||
| 5 | Section 36-1 as follows:
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| 6 | (720 ILCS 5/36-1) (from Ch. 38, par. 36-1)
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| 7 | Sec. 36-1. Seizure. Any vessel, vehicle or aircraft used | ||||||
| 8 | with the knowledge
and consent of the owner in the commission | ||||||
| 9 | of, or in the attempt to commit as
defined in Section 8-4 of | ||||||
| 10 | this Code, an offense prohibited by (a) Section 9-1,
9-3,
10-2, | ||||||
| 11 | 11-6, 11-15.1, 11-19.1, 11-19.2, 11-20.1,
12-4.1, 12-4.2, | ||||||
| 12 | 12-4.2-5, 12-4.3, 12-4.6,
12-7.3, 12-7.4, 12-13, 12-14,
16-1 if | ||||||
| 13 | the theft is of precious metal or of scrap metal, 18-2, 19-1, | ||||||
| 14 | 19-2, 19-3, 20-1, 20-2,
29D-15.2, 24-1.2,
24-1.2-5,
24-1.5, or | ||||||
| 15 | 28-1, or 29D-15.2 of this Code,
paragraph (a) of Section 12-4 | ||||||
| 16 | of this Code,
paragraph (a) of Section 12-15 or paragraphs (a), | ||||||
| 17 | (c) or (d) of Section
12-16 of this Code, or paragraph (a)(6) | ||||||
| 18 | or (a)(7) of Section
24-1 of this Code;
(b) Section 21, 22, 23, | ||||||
| 19 | 24 or 26 of the Cigarette Tax
Act if the vessel, vehicle or | ||||||
| 20 | aircraft contains more than 10 cartons of
such cigarettes; (c) | ||||||
| 21 | Section 28, 29 or 30 of the Cigarette Use Tax Act if
the | ||||||
| 22 | vessel, vehicle or aircraft contains more than 10 cartons of | ||||||
| 23 | such
cigarettes; (d) Section 44 of the Environmental Protection | ||||||
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| 1 | Act; (e)
11-204.1
of the Illinois Vehicle Code; (f)
the | ||||||
| 2 | offenses described in the
following provisions of the Illinois | ||||||
| 3 | Vehicle Code:
Section 11-501 subdivisions (c-1)(1), (c-1)(2), | ||||||
| 4 | (c-1)(3),
(d)(1)(A), (d)(1)(D), (d)(1)(G), or (d)(1)(H), or | ||||||
| 5 | (d)(1)(I); (g) an offense described in subsection (g) of | ||||||
| 6 | Section 6-303 of the
Illinois Vehicle Code; or (h) an offense | ||||||
| 7 | described in subsection (e) of
Section 6-101 of the Illinois | ||||||
| 8 | Vehicle Code;
may be
seized and delivered forthwith to the | ||||||
| 9 | sheriff of the county of seizure.
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| 10 | Within 15 days after such delivery the sheriff shall give | ||||||
| 11 | notice of seizure
to each person according to the following | ||||||
| 12 | method: Upon each such person
whose right, title or interest is | ||||||
| 13 | of record in the office of the Secretary
of State, the | ||||||
| 14 | Secretary of Transportation, the Administrator of the Federal
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| 15 | Aviation Agency, or any other Department of this State, or any | ||||||
| 16 | other state
of the United States if such vessel, vehicle or | ||||||
| 17 | aircraft is required to be
so registered, as the case may be, | ||||||
| 18 | by mailing a copy of the notice by
certified mail to the | ||||||
| 19 | address as given upon the records of the Secretary of
State, | ||||||
| 20 | the Department of Aeronautics, Department of Public Works and
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| 21 | Buildings or any other Department of this State or the United | ||||||
| 22 | States if
such vessel, vehicle or aircraft is required to be so | ||||||
| 23 | registered. Within
that 15 day period the sheriff shall also | ||||||
| 24 | notify the State's Attorney of
the county of seizure about the | ||||||
| 25 | seizure.
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| 26 | In addition, any mobile or portable equipment used in the | ||||||
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| 1 | commission of an
act which is in violation of Section 7g of the | ||||||
| 2 | Metropolitan Water Reclamation
District Act shall be subject to | ||||||
| 3 | seizure and forfeiture under the same
procedures provided in | ||||||
| 4 | this Article for the seizure and forfeiture of vessels,
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| 5 | vehicles and aircraft, and any such equipment shall be deemed a | ||||||
| 6 | vessel, vehicle
or aircraft for purposes of this Article.
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| 7 | When a person discharges a firearm at another individual | ||||||
| 8 | from a vehicle with
the knowledge and consent of the owner of | ||||||
| 9 | the vehicle and with the intent to
cause death or great bodily | ||||||
| 10 | harm to that individual and as a result causes
death or great | ||||||
| 11 | bodily harm to that individual, the vehicle shall be subject to
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| 12 | seizure and forfeiture under the same procedures provided in | ||||||
| 13 | this Article for
the seizure and forfeiture of vehicles used in | ||||||
| 14 | violations of clauses (a), (b),
(c), or (d) of this Section.
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| 15 | If the spouse of the owner of a vehicle seized for
an | ||||||
| 16 | offense described in subsection (g) of Section 6-303 of the
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| 17 | Illinois Vehicle Code,
a violation of
subdivision (c-1)(1), | ||||||
| 18 | (c-1)(2), (c-1)(3), (d)(1)(A), or (d)(1)(D), (d)(1)(G), | ||||||
| 19 | (d)(1)(H), or (d)(1)(I)
of Section 11-501 of the Illinois | ||||||
| 20 | Vehicle
Code, or Section 9-3 of this
Code makes a showing
that | ||||||
| 21 | the seized vehicle is the only source of transportation and it | ||||||
| 22 | is
determined that the financial hardship to the family as a | ||||||
| 23 | result of the seizure
outweighs the benefit to the State from | ||||||
| 24 | the seizure, the vehicle may be
forfeited to the spouse or | ||||||
| 25 | family member and the title to the vehicle shall be
transferred | ||||||
| 26 | to the spouse or family member who is properly licensed and who
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| 1 | requires the use of the vehicle for employment or family | ||||||
| 2 | transportation
purposes. A written declaration of forfeiture | ||||||
| 3 | of a vehicle under this
Section shall be sufficient cause for | ||||||
| 4 | the title to be transferred to the spouse
or family member. The | ||||||
| 5 | provisions of this paragraph shall apply only to one
forfeiture | ||||||
| 6 | per vehicle. If the vehicle is the subject of a subsequent
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| 7 | forfeiture proceeding by virtue of a subsequent conviction of | ||||||
| 8 | either spouse or
the family member, the spouse or family member | ||||||
| 9 | to whom the vehicle was
forfeited under the first forfeiture | ||||||
| 10 | proceeding may not utilize the
provisions of this paragraph in | ||||||
| 11 | another forfeiture proceeding. If the owner of
the vehicle | ||||||
| 12 | seized owns more than one vehicle,
the procedure set out in | ||||||
| 13 | this paragraph may be used for only one vehicle.
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| 14 | Property declared contraband under Section 40 of the | ||||||
| 15 | Illinois Streetgang
Terrorism Omnibus Prevention Act may be | ||||||
| 16 | seized and forfeited under this
Article.
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| 17 | (Source: P.A. 96-313, eff. 1-1-10; 96-710, eff. 1-1-10; revised | ||||||
| 18 | 10-9-09.)
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| 19 | Section 99. Effective date. This Act takes effect upon | ||||||
| 20 | becoming law.
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